Siren, light use left to individual law enforcement agencies' discretion

Friday

Jul 25, 2008 at 12:01 AMJul 25, 2008 at 8:25 AM

When Winnebago County Sheriff’s Deputy Joseph Boomer’s squad car struck another car two years ago at a Rockford intersection, it was traveling more than 80 mph, at least 25 mph over the posted speed limit.

Corina Curry

When Winnebago County Sheriff’s Deputy Joseph Boomer’s squad car struck another car two years ago at the intersection of West State Street and Weldon Road, it was traveling more than 80 mph, at least 25 mph over the posted speed limit.

The overhead emergency lights and siren were off.

According to testimony at the criminal trial against Boomer last week, and state law regarding the operation of emergency vehicles, Boomer was within the law and departmental policy.

In fact, law enforcement agencies across the state have similar policies that give officers varying degrees of discretion when it comes to use of lights and sirens regardless of speed.

But that explanation hasn’t squelched the recent public outcry following Boomer’s trial.

“If we were out there speeding and hit someone and killed them, we’d be in jail,” said Kim Donovan, 45, of Rockford. “People need a way to know. They’ll know if lights and sirens are flying.”

Winnebago County Sheriff Dick Meyers declined to comment on the county’s vehicle operation policy, citing the pending lawsuit from the same accident against Boomer and the county.

State law permits operators of police vehicles responding to emergencies to go through red lights and stop signs and exceed speed limits as long as they do it safely and don’t endanger life or property. The law makes no mandates regarding when emergency lights and sirens must be used.

Individual police departments determine that, and their policies sometimes leave it up to the officer to decide what’s appropriate.

Some, like the Illinois State Police, say anything over the speed limit requires activation of lights and sirens. But, like most agencies in the state, they make exceptions for responding to a crime in progress or other situations that would require a silent approach.

In Boomer’s case, the deputy was speeding along West State Street, headed to an aggravated battery call four miles away, when another car, stopped at a stop sign at Weldon, tried to cross the roadway in front of him. Two people died and one suffered permanent brain damage as a result of the accident.

Prosecuting attorneys argued there was no way the driver of the car could have known how fast Boomer was traveling or that he was an officer responding to a call. They said Boomer was driving recklessly without regard for the safety of others.

Boomer’s attorney, Jerry Lund, countered that Boomer was in control of the vehicle and speeding for good reason — he was doing his job, getting to a potentially dangerous situation as quickly as possible. Boomer testified that he didn’t have his lights and siren on because he was trying to listen to radio dispatches about the battery call and the noise from the siren drowns them out. Boomer was acquitted of all charges.

Lund supports the state’s law and individual departments’ ability to create and enforce their own policies regarding how emergency lights and sirens should be used.

“You trust someone to carry a gun and shoot people. You gotta give them discretion in how they respond to situations,” Lund said. “It’s going to vary from call to call. There will be times when you should have them on and times you’ll want them off.”

The vehicle operation policy at the Aurora Police Department in Kane County shares similarities with that of Winnebago County.

The policy breaks down responses into three categories — routine, urgent and emergency. Officers determine the type of call they’re responding to. The policies give officers some guidelines and room to react to a variety of situations the way they think is best.

“No two police calls are the same,” said Dan Ferrelli, the Aurora department’s public information officer. “It’s impossible to write policy dictating when police equipment should be used. A police officer has to use his discretion on every single call.”

Ferrelli said the department does a lot of training and follows general guidelines that lights and sirens should be activated if there’s a potential threat to life or property.

State troopers, on the other hand, are not allowed to speed unless they’re engaged in a high-speed response, said Illinois State Police Lt. Luis Gutierrez. And all high-speed responses require the use of lights and sirens unless the situation requires a covert approach.

“Officers should use their lights and sirens to warn others of their approach,” he said. “Anything over the speed limit would be considered a high-speed response.”

It’s a safety issue, Gutierrez said.

“The issue of public safety is what makes it so important,” he said. “An officer needs to continuously be assessing the situation. All things come into play: a wet road, rain, traffic.”

Staff writer Corina Curry can be reached at ccurry@rrstar.com or 815-987-1395.

What the laws say

WHAT IS AN EMERGENCY VEHICLE:

What the statute says: (625 ILCS 5/1 105) Emergency vehicles of municipal departments or public service corporations as are designated or authorized by proper local authorities; police vehicles; vehicles of the fire department; vehicles of a HazMat or technical rescue team authorized by a county board under Section 5 1127 of the Counties Code; ambulances; vehicles of the Illinois Emergency Management Agency; and vehicles of the Illinois Department of Public Health all are deemed authorized emergency vehicles under Illinois law.

What it means: Police, fire, ambulances, HazMat and Public Health vehicles are emergency vehicles.

WHAT DRIVERS SHOULD DO WHEN THEY SEE FLASHING LIGHTS AND SIRENS:

What the statute says: (625 ILCS 5/11 907) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer, and the operator of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.

Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall, proceeding with due caution, yield the right of way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

What it means: Drivers who encounter moving emergency vehicles running lights and sirens must yield to the emergency vehicle.

Drivers who approach stopped emergency vehicles that have lights flashing need to yield until waved on by operators of emergency vehicles.

THE DUTY TO DRIVE SAFELY:

What the statute says: (625 ILCS 5/11 907) This Section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

Scott’s Law: This section of 625 ILCS 5/11 907 addresses increased penalties for drivers who fail to yield to emergency vehicles or cause accidents or injury to public safety or service personnel at roadside emergency scenes. The offense is punishable by a fine of no less than $100 and up to $10,000 and suspension of driving privileges.

Emergency response:

What the statute says: (625 ILCS 5/11 205) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions.

The driver of an authorized emergency vehicle may: Park or stand, irrespective of the provisions of this Chapter; proceed past a red or stop signal or stop sign, but only after slowing down as may be required and necessary for safe operation; exceed the maximum speed limits so long as he does not endanger life or property; and disregard regulations governing direction of movement or turning in specified directions.

The exceptions herein granted to an authorized emergency vehicle, other than a police vehicle, shall apply only when the vehicle is making use of either an audible signal when in motion or visual signals meeting the requirements of Section 12 215 of this Act.

This provision does not relieve the driver of an authorized emergency vehicle from the duty of driving with due regard for the safety of all persons, nor do such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

What it means: Emergency-vehicle drivers are not protected from the consequences of their actions.